Apprentice Loans Regulations

Marginal note:New loan and repayment assistance

• 7 (1) Subject to subsection (6), a borrower who has been subject to a measure taken under subsection 6(3) or (4) because of the occurrence of an event described in paragraph 6(2)(a) or (h) is entitled to a new apprentice loan and further repayment assistance under section 10 or 12 if

  • (a) an event described in paragraph 6(2)(g) or (i) has not occurred in respect of the borrower’s apprentice loans; and

  • (b) the borrower has, in respect of an apprentice loan agreement for which a judgment has not been obtained, fulfilled the terms of a repayment arrangement entered into with the Minister that is no more onerous to the borrower than six consecutive payments made, after a given day, in accordance with that apprentice loan agreement and, if any interest has accrued to that day,

    • (i) has paid the interest accrued to that day, or

    • (ii) has directed, for the first time under this paragraph, paragraph 10(1)(d) of the Canada Student Loans Regulations or paragraph 16(1)(d) of the Canada Student Financial Assistance Regulations, the addition of the unpaid accrued interest to that day to the outstanding principal.

• Marginal note:Rights in subsection (1) apply

  (2) Subject to subsection (6), a borrower who is subject to a measure taken under subsection 6(3) because of the occurrence of an event described in any of paragraphs 6(2)(b) to (f) has the rights referred to in subsection (1) if

  • (a) an event described in paragraph 6(2)(g) or (i) has not occurred in respect of the borrower’s apprentice loans;

  • (b) the borrower has complied with paragraph (1)(b), if the borrower’s consumer proposal has been annulled or deemed annulled or the borrower is no longer subject to a provincial law relating to the orderly payment of debts for a reason other than full compliance with that law, and none of the events described in paragraph 6(2)(b), (c) and (e) has occurred;

  • (c) the borrower has been released from their apprentice loans for any reason other than one described in paragraph (b); or

  • (d) the borrower is released from their apprentice loans by virtue of an absolute order of discharge that has been granted under the Bankruptcy and Insolvency Act and three years have passed since the date of the order.

• Marginal note:Rights in subsection (1) apply

  (3) Subject to subsection (6), a borrower who is subject to a measure taken under subsection 6(3) or (4) because of the occurrence of the event described in paragraph 6(2)(g) has the rights referred to in subsection (1) if

  • (a) an event described in paragraph 6(2)(i) has not occurred in respect of the borrower’s apprentice loans;

  • (b) the borrower has been released from their apprentice loans that were outstanding on the day of the finding of guilt;

  • (c) in the event that the release referred to in paragraph (b) occurs by operation of an order of absolute discharge granted under the Bankruptcy and Insolvency Act, three years have passed since the date of the order; and

  • (d) five years have passed since the day of the finding of guilt or a pardon has been granted in respect of that finding.

• Marginal note:Rights in subsection (1) apply

  (4) A borrower, who has been the subject of a measure taken under subsection 6(3) or (4), has received an apprentice loan as a minor and has refused to ratify that loan as an adult, has the rights referred to in subsection (1) if

  • (a) the borrower ratifies the loan; and

  • (b) to the extent that they apply, the conditions set out in subsection (1), (2) or (3) are met.

• Marginal note:Rights in subsection (1) apply

  (5) Subject to subsection (6), a borrower who is subject to a measure taken under subsection 6(3) or (4) because of the occurrence of an event described in paragraph 6(2)(i) has the rights referred to in subsection (1) if the borrower has paid in full the outstanding balance of their apprentice loans.

• Marginal note:Judgment

  (6) If a judgment has been obtained against a borrower, the borrower is not entitled to the rights referred to in subsection (1) unless the borrower has been released from that judgment and, to the extent that they apply, the conditions set out in subsection (1), (2) or (3) are met.